County Judge Questioned Over Jail Proposal
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County Judge Questioned Over Jail Proposal
A local county commissioner plans to send a report to the Texas Ethics Commission over what he says is a possible violation of anti-trust laws involving a county judge and a private jail operator.
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(August 12, 2008) - Plans for jail expansion have been deferred again by the McLennan County Commissioners Court after Commissioner Joe Mashek brought up a question of ethics involving County Judge Jim Lewis.

Mashek said Tuesday that Lewis had invited a contractor, Hale Mills Construction Ltd., to tour the McLennan County Jail on Highway 6 about a year before Lewis and Sheriff Larry Lynch put the issue of jail overcrowding on the Commissioners Court agenda.

In May, commissioners voted to solicit proposals from 14 private vendors to ease overcrowding, but received only one from CEC/Civigenics, which is the company that now operates the county's jail in downtown Waco.

That proposal names Hale Mills Construction Ltd.

CEC is the only company that sent a proposal in July after the Commissioners Court sent out requests to 14 potential vendors for proposals.

Lewis said he brought in the Houston design company in August 2007, but only to get advice about the feasibility of expanding the Highway 6 jail.

Mashek, however, claims Lewis' actions could be a violation of anti-trust laws and plans to make a report to the Texas Ethics Commission.

Meanwhile, the Commissioners Court is still mulling jail options, including taking back operation of the downtown county jail from CEC, building a new jail with county funds or contracting with a private company to build and operate a new jail.

The Commissioners Court will meet again Wednesday to hear a feasibility report on plans to expand existing county jail facilities.

Timeline of discussions for new jail facility.
Presented by Commissioner Joe Mashek at McLennan County Commissioner Court meeting, August 12, 2008.

Tuesday, May 27, 2008 - Judge Jim Lewis and Sheriff Larry Lynch place item on the Commissioner Court Agenda to discuss overcrowding and Jail Standards Commission and a remedial order that had been issued.
Authorization for an RFP is granted. RFP/RFQ is prepared by County's attorney, Herb Bristow.
Only 45 days were given to respond to RFP to design, bid, and secure financing of a 1000 bed jail facility. - Due July 8, 2008

Thursday - May 29, 2008 - McLennan County Purchasing Agent is given RFP/RFQ request to mail out to 14 potential vendors.

Tuesday, July 8, 2008 - Responses to RFP-08-031 opened by the Court. Only 1 respondent, CEC/Civigenics.
Hale Mills Construction Ltd. Is named as contractor/builder of project. Item deferred for further review.

Tuesday, July 15, 2008 - At the strong recommendation of Judge Jim Lewis, the RFQ is authorized, to review the qualifications of sole bidder, CEC/Civigenics.

Commissioner Mashek makes visit to Hwy. 6 jail to look at space for new wing or possible replica of F Wing. Commissioner Mashek asks how many potential bidders previewed the jail after the RFP was issued. The response was only 1, the Durant Group of Colorado.
They state to jail employees that it was impossible to complete this RFP in the 45 days time given as stated by Diane Baker.

After further questions it was also revealed that in August of 2007, Judge Jim Lewis called Captain Johnny Mynar, and informed him that representatives from a Houston Design Firm were coming to tour the Hwy 6 facility. Captain Mynar, as instructed, furnished the Architect Firm with floor plans and aerial photos of the Hwy 6 facility.

Federal Express envelope received back at the jail with previously procured contents enclosed (ie: aerial map and floor plans.) Received back on Thursday, September 13, 2007
The return address on the Federal Express Package was routed to Natasha Decell, Marketing - 2900 Weslayan, #375 Houston, Texas 77027
After researching the above address, it has been confirmed that the sender was actually Hale Mills Construction Ltd.
Hale Mills Construction Ltd. Is named as contractor/builder of the Proposed new CEC/Civicgenics Jail Facility.

Thursday, July 17, 2008 - Letter is drafted by Judge Jim Lewis requesting qualifications from sole bidder, CEC/Civigenics.
Letter must be sent to New Jersey and qualifications are due back to Waco, August 4, 2008.

Bob Prince and Mike Wilson with CEC/Civigenics visited with Commissioner Mashek to discuss operations if privatization was to take place.
Commissioner Mashek asked how CEC was able to submit a complete bid with only a 45 day window.

Friday, July 18, 2008 - Conversation with Diane Baker, Administrative Supervisor and Ellen Wuori, Marketing Coordinator for The Durant Group out of Colorado requesting information as to why the Durant Group did not bid this RFP and if packet was received. Per representative, "this ype of design, bid and finance, project cannot be complete in 45 days, it would take 1 complete year for this concept to be completed and bid.
Further, typically these types of projects are complex and the potential OPERATOR and their finance company hire their own design team, once financing sources are in place and the project is deemed feasible.

Friday, July 25, 2008 - Chief Deputy Plemons circulates a letter recommending that the Count retain the Hwy 6 Jail. Operate the Downtown Jail as a female facility, under CEC or County Supervision, and either add space to the current Hwy 6 facility, or build a new facility.

Tuesday, August 4, 2008 - Sheriff Lynch issues statement that his recommendation "at this time" was to keep the Hwy 6 Jail under County supervision and the Downtown Jail under CEC supervision.
Vote was taken to remove option of privatization of Hwy 6 Jail facility from the RFP.

CEC/Civigenics make presentation on their qualifications as requested in RFQ which was due August 4, 2008. RFQ letter was not sent out until Thursday, July 17, 2008 but qualifications packets presented by CEC - all documentation/contracts enclosed are dated June 1, 2008.

Judge Jim Lewis requests County Attorney pursue negotiations for better rates and clarification of RFQ with CEC.

Latest Comments

Posted by: Steve Location: Waco on Aug 14, 2008 at 10:11 AM

Unfortunately, this type of thing goes on ALL the time when bids are awarded. We see it time and time again in our business. Most of the time it isn't even worth taking the time and effort to put a bid in to many of the counties in Texas. Many times the bid specifications are written by the company that is awarded the bid. This is done so that no one else can possibly meet the specs. In other cases, bids are accepted that don't meet the specs at all but the company awarded the bid has an in with the decision maker. Corrupt...you bet! What I don't understand is why people don't buy from local companies when that option is available.
[ Report Abuse ]
Posted by: dirtyd Location: Texas on Aug 14, 2008 at 12:20 AM

Someone needs to investigate this. The Texas Rangers or the FBI. Jim Lewis clearly broke the law allowing CEC to have a year jump on the 13 other companies. He should be held accountable with not only JAIL time but also have to pay the millions of dollars that the TAXPAYERS are going to pay when those 13 companies sue and WIN!!! It's time to put the real CROOK in jail. Come on Segrest, Mashek or Gibson get the Rangers involved NOW!!!!!!
[ Report Abuse ]
Posted by: Nancy Location: Waco on Aug 13, 2008 at 10:36 PM

Way to go, Joe Mashek. You stick to your guns to try to keep 'em honest. Jim Lewis, you need to go on to the house. You're not upholding the best interests of the citizens of McLennan County.
[ Report Abuse ]
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